Decree No. 255/SL provides for the organization and activities of People's Councils (HĐND) and War Resistance Administrative Committees (UBKCHC) in areas temporarily under enemy control or threat. This document aims to ensure the continued operation of local authority bodies in emergency conditions.
Scope of application
People's Councils and War Resistance Administrative Committees at commune, district, and provincial levels in areas temporarily under enemy control or threat.
Key points
- When the number of members remaining in the People's Council exceeds one-third of the originally determined number, the People's Council still has the authority to operate (Article 2).
- If the number of members in the People's Council does not reach one-third, additional members may be appointed to continue operations through a process of recommending to higher authorities for decision (Article 2).
- In cases where there is no People's Council, a temporary People's Council may be appointed with a membership ranging from 7 to 15 people at the commune level and from 10 to 20 people at the provincial level (Article 3, Article 4).
- Members of the War Resistance Administrative Committee are appointed by the War Resistance Administrative Committee of the Region or the Higher Command according to recommendations from lower levels (Article 6).
- Each level of the War Resistance Administrative Committee has from 1 to 5 additional members other than the Chairman and military member, the specific number is decided by the appointing level (Article 7).
🌐 Social impact of this document
- To maintain the operation of local authority bodies in emergency conditions.
- It may impose a burden on higher-level agencies when they have to appoint additional members or establish a temporary People's Council.
- Enhance the local government's ability to respond to emergencies.
❓ Frequently asked questions
What should be done if the number of remaining members of the People's Council does not reach one-third?
Additional members may be appointed to continue operations through a process of recommending to higher authorities for decision.
What is the number of members in a temporary People's Council at the commune level?
From 7 to 15 people.
Who has the authority to appoint members of the War Resistance Administrative Committee at the district, commune, and town levels?
The War Resistance Administrative Committee of the Region according to recommendations from the War Resistance Administrative Committee of the province.
Full text
DECREE
NUMBER 255/SL ON NOVEMBER 19, 1948
CHAIRMAN OF THE VIETNAM DEMOCRATIC REPUBLIC GOVERNMENT
Pursuant to Decree No. 254-SL dated November 19, 1948 on organizing local people's administration during the resistance period,
Considering the current situation,
At the proposal of the Supreme National Defense Council,
After the Government Council has made a decision and the Standing Committee of the National Assembly has agreed,
ISSUES THE DECREE:
Article 1
In areas temporarily under enemy control or threat, the organization and operation of People's Councils and People's Committees shall be as follows:
SECTION ONE - PEOPLE'S COUNCILS
Article 2
1- When the number of members of the People's Council remains more than one-third of the originally determined number, that People's Council still retains its authority to operate.
2- If the number of members of the People's Council remaining does not exceed one-third of the originally determined number, additional members may be appointed to continue working according to the following procedures:
- At the commune level: the remaining members of the People's Council (including members who are also members of the Commune People's Committee) propose to the district, which then proposes to the province for a decision.
- At the provincial level: the remaining members of the People's Council (including members who are also members of the Provincial People's Committee) propose to the Regional Administration, which then proposes to the Ministry of Interior for a decision.
Article 3
If there is no People's Council in areas temporarily under enemy control or threat, a temporary People's Council may be appointed according to the following procedures:
- At the commune level: the Commune People's Committee proposes to the district, which then proposes to the province for a decision.
- At the provincial level: the Provincial People's Committee proposes to the Regional Administration, which then proposes to the Ministry of Interior for a decision.
Article 4
The number of members in a temporary People's Council at the commune level shall range from seven to fifteen persons.
The number of members in a temporary People's Council at the provincial level shall range from ten to twenty persons.
The number of members in each level of the temporary People's Council shall be determined by the competent authority.
Article 5
If a member of a temporary People's Council resigns or if there is a vacancy in the temporary People's Council due to any reason, the resignation or replacement of those members shall be decided by the competent authority.
SECTION TWO - PEOPLE'S COMMITTEES
Article 6
In areas temporarily under enemy control or threat, if conditions have not yet been met to establish a People's Committee, the members of the People's Committee shall be appointed as follows:
- Members at the district and commune levels: appointed by the Regional People's Committee based on the proposal of the Provincial People's Committee.
- Members at the provincial and city levels: appointed by the Central People's Council based on the proposal of the Regional People's Committee.
, Clause 1, Clause 2 Article 7a of this Regulation.
At each level, one Chairman, one military member, and from one to five other members shall be appointed.
The number of members may be adjusted according to local circumstances and shall be determined by the competent authority.
Article 8
The division of responsibilities within the People's Committee shall be based on local conditions and circumstances.
SECTION THREE
GENERAL PROVISIONS
Article 9
Announcing the application of this decree to a region and declaring the end of such status shall be done according to the following procedures:
1- Commune, town, district: announced by the Regional People's Committee and immediately reported to the Government.
2- Province: by the Central People's Council.
Article 10
Provisions applicable to areas temporarily under enemy control or threat that conflict with this decree shall be abolished.
Article 11
The Central People's Council and the Ministers of all Ministries shall implement this decree accordingly.
Ho Chi Minh
(Signed)
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